Q: Do I need permission to extend my lease?
If you are a tenant of a qualifying long lease of a house or a flat, and you have been a tenant/legal owner for at least two years, then you have the right to apply for an extension of your lease. A long lease is a lease granted for more than 21 years. You will need to serve a “notice of tenant’s claim” on the Landlord informing them of your desire to extend the lease and request their permission.
An alternative to this would be to negotiate with the Landlord directly. However, by doing this, the Landlord is under no obligation to follow the legislation and can refuse the lease extension or set whatever terms they like.
Q: What are the average costs for a lease extension?
Lease extension – House:
You are responsible for the landlord’s reasonable legal and valuation costs once the notice has been served. A premium will not be charged for the new lease, but it will contain a ground rent (rent paid under the terms of the lease).
Lease extension – Flat:
The cost of a lease extension is open to negotiation to a certain extent (depending on your Landlord). Usually, a premium will be paid for the new lease, and you will be responsible to pay the landlord’s reasonable legal and valuation costs, along with your own costs. There are many online calculators that will be able to provide you an approximate guide as to how much the premium should be. The premium payable depends on factors such as how many years are left on your lease and the amount of ground rent payable.
If yourself and the landlord cannot agree, then the First-tier Tribunal can determine the amount. It is always advisable to instruct representation on your behalf.
Laura Severn, Director at LMP Law
